“[N]o court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba.”

Even if that were not clear enough, the Constitution confers the role of Commander in Chief for the President and requires the Senate’s approval for treaty ratification both of which have been appropriated in this case. So Con Law professors, what is the check against judicial imbalance?

If the Supreme Court declared tomorrow that all persons of a specific ethnicity or religion in the United States must be arrested for the remainder of the year what would the executive branch do? Before you discount that as crazy I would suggest that many would find it equally incredulous for the SCOTUS to usurp both the executive and legislative branch as they have done here.

I suggest that Hugh Hewitt is missing the obvious, as is the Executive Branch of government, when he says “There is no stopping such recklessness except by locating the oath-breaking criminals who betray secrets.” The obvious solution is to aggressively, and immediately, use all the powers available under existing espionage and national security laws to detain individuals, and impound property, of those who have passed classified information to our enemies in time of war.

If true, Israel must lay total waste to everything and everyone in Gaza. The only reason not to use a Nuke, although justified if this is true, is the close proximity to Israel. The only way to keep WMD from being used is to make it far too costly for their use to be considered. No more Gaza, it is Israel now.

“In the cloak and dagger world of intelligence gathering, this statutory prohibition is a model of clarity–it is illegal to publish classified information about our intelligence-gathering efforts and capabilities.”

In a long overdue arguement in front of the House Permanent Select Committee on Intelligence on May 26, 2006, so argued John Eastman.